FOR IMMEDIATE RELEASE
Salt Creek Road, Canyonlands Park
OPEN
CONTACT: BRIAN HAWTHORNE
UTAH SHARED ACCESS ALLIANCE
(801) 484-3940
The Tenth Circuit Court of Appeals has reversed a lower court's decision
which closed the Salt Creek Road in Canyonlands National Park to vehicle
use.
In its April 15 decision, the appeals court lifted an injunction
closing the road which had been imposed by Judge Dale A. Kimball of
the United States District Court for Utah.
Brian Hawthorne, Executive Director of the Utah Shared Access Alliance
(USA-ALL) applauded the ruling. "This decision will allow Utah
families, as well as people from across this country access to Angel
Arch," he said. "The fact is that the vast majority of people
just don't have the ability to hike 20 miles to see this extraordinary
natural formation. This decision is a victory for all who visit Canyonlands
National Park".
In 1992 the National Park Service (NPS) began developing a Backcountry
Management Plan (BMP) for Canyonlands National Park in Utah. After
considering alternative management schemes for addressing possible
negative impact of vehicles on the road, the NPS in 1995 decided to
close a one-half mile segment of the road while leaving the remainder
open to vehicles on a limited permit system.
That wasn't good enough for the Anti-Access crowd in Utah. Led by
the Southern Utah Wilderness Alliance (SUWA) they sued the NPS asking
that all backcountry vehicle access be CLOSED! That's when the Utah
Shared Access Alliance (USA-ALL) got involved. The Utah district court
granted USA-ALL's motion to intervene in the action. Thereafter the
district court ruled against SUWA on all challenges except the court
ordered the ten-mile segment from Peekaboo Spring to Angel Arch closed.
USA-ALL successfully appealed the road closure. The three judge panel
remanded the case to Judge Kimball for further consideration, ruling
he had applied the wrong standard in reviewing the Park Service's
findings regarding the road.
Hawthorne emphasized that he doesn't expect the Anti-Access groups
to back down. "Certainly, this is great news for those who choose
or are required to use vehicles for access and recreation," he
said. "But we don't intend to let down our guard."
History:
Southern Utah Wilderness Alliance (SUWA) had filed a court case on
a 10 mile portion of the Salt Creek Jeep Road from Peekaboo Spring
to Angel Arch and won an injunction in September, 1998 preventing
motorized use of this road. (On September 23, 1998, the district court
entered a final judgment order granting judgment to Wilderness Alliance
(SUWA) with respect to the ten-mile segment. The judgment remanded
the case to the NPS for appropriate action in accordance with the
judgment, and enjoined the NPS from allowing motorized vehicle travel
in Salt Creek Canyon above Peekaboo Spring. )
The defendants were the Canyonlands Nat'l Park, Glen Nat'l Recreation
Area and the Regional Director, John Cook. Filing as Defendants -
Appellees were: Utah Shared Access Alliance (USALL), Blue Ribbon Coalition
(BRC), High Desert Multiple Use Coalition, United Four Wheel Drive
Association (UFWDA), and the Historic Recovery Project. One of the
attorneys representing the Defendants - Appellees was David A. Wight,
an attorney from Denver's Mountain States Legal Foundation (MSLF).
The Defendants submitted a brief to the U. S. Court of Appeals, 10th
Circuit and the following was entered on 15 August, 2000:
The Injunction:
Because we find error in the district court's conclusion that the
activity at issue is explicitly prohibited by the relevant statutes,
we find the district court abused its discretion in granting an injunction.
We therefore vacate the district court's order enjoining the BMP's
allowance of continued motorized vehicle use on the Salt Creek Road
in Salt Creek Canyon above Peekaboo Spring.
To read the entire decision, go to:
http://www.kscourts.org/ca10/cases/2000/08/98-4202.htm
